HomeMy WebLinkAbout14646RESOLUTION NO. 14646
A RESOLUTION AUTHORIZING THE ISSUANCE OF A
REVOCABLE PERMIT TO DJ INVESTMENT HOLDINGS, LLC
DBA THE OASIS, FOR THE USE OF THE PUBLIC RIGHT OF
WAY AT THE CORNER OF DIVISION AVENUE AND EAST
EVANS AVENUE FOR THE PURPOSE OF OPERATING A
SIDEWALK CAFÉ
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Revocable Permit is authorized to be issued to DJ Investment Holdings, LLC
DBA The Oasis, for the use of the right of way adjacent to 1501 East Evans Avenue, for the
purpose of operating a sidewalk café.
SECTION 2.
The use of the public right-of-way granted hereby is subject to all limitations, terms, and
conditions set forth in the attached Revocable Permit.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of this Resolution to implement the policies and procedures described
herein.
SECTION 4.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED June 28, 2021
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-6
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: June 28, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Andrew Hayes, P.E., Director of Public Works
SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT
TO DJ INVESTMENT HOLDINGS, LLC DBA THE OASIS, FOR THE USE OF THE
PUBLIC RIGHT OF WAY AT THE CORNER OF DIVISION AVENUE AND EAST
EVANS AVENUE FOR THE PURPOSE OF OPERATING A SIDEWALK CAFE
SUMMARY:
Attached is an application for a revocable permit submitted by DJ Investment Holdings, LLC DBA
The Oasis
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
DJ Investment Holdings, LLC DBA The Oasis, has requesting the use of the right of way adjacent
to the 1500 Block of East Evans Avenue and the 400 Block of Division Avenue to install a sidewalk
café.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
The Revocable Permit Review Committee recommends approval.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Denying the Resolution will prevent installation of the sidewalk café.
RECOMMENDATION:
Approval of the Resolution.
Attachments:
Revocable Permit, Letter of Intent, Certificate of Liability, Drawing
re: Resolution 14646
Reception 2233813
07/07/2021 02 55:31 PM
REVOCABLE PERMIT
Pursuant to the authority granted by Section 16-9 of the Charter of Pueblo, a Municipal Corporation, (the "City"), the City
Council of City hereby grants the following revocable permit to Permittee subject to and conditioned upon the provisions
herein contained and the Permittee's compliance therewith:
1. Name,Address and Telephone Number of Permittee: DJ Property Management 1501 E. Evans Avenue
719-289-0306
2. Permitted Area: North side of business along Division Street
3. Purpose of Revocable Permit: Sidewalk Cafe
4. Authorized Improvements:
5. Commencement Date: 06/01/2021 Time:
6. Ending Date: Indefinite Time:
PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED
REVOCABLE PERMIT(THE "PERMIT") REPRESENTS, WARRANTS AND AGREES:
(a) The Permitted Area shall be used for the above-specified Purpose of Revocable Permit. No use of the Permitted Area shall be
made before the time of the Commencement Date.
(b) All structures,fences,tables,chairs, equipment or other improvements authorized to be placed in the Permitted Area by Permittee
(the "Improvements") shall be constructed, installed, and maintained by Permittee in compliance with all applicable codes, ordinances,
rules and regulations of City and this Permit.
(c) If the Revocable Permit is issued for a sidewalk café, the Permittee and sidewalk café shall be subject to all the provisions,
conditions and requirements contained in section 9-10-84 of the Pueblo Municipal Code, or as same may be amended, which are
incorporated herein by reference. In addition, no Improvement shall be tied-down or chained to any tree within or adjacent to the
Permitted Area nor shall any Improvement be installed or located in such a manner as to hinder or interfere with the opening of motor
vehicle doors or passenger movement to and from motor vehicles parked adjacent to or near the Permitted Area.
(d) If this Permit is issued for the use of the public right-of-way for a special event, Permittee shall deposit with the City the sum of
$500.00("Deposit"). The Deposit will be forfeited to the City if Permittee does not remove all Permittee's equipment and property from,
and clean and restore the Permitted Area to its original condition before the Time of the Ending Date. If so timely removed and cleaned,
the Deposit will be returned to Permittee.
(e) Before the Time of the Ending Date, or immediately upon any other termination of this Permit, Permittee shall, at Permittee's
expense, remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted Area to its original
condition. Failure to timely remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted Area to
its original condition shall constitute Permittee's abandonment of the Permittee's Improvements, and City may, at Permittee's expense,
remove and dispose of Permittee's Improvements and clean and restore the Permitted Area to its original condition. Permittee agrees to
pay all City's costs and expenses, including reasonable attorney fees, incurred in the enforcement of this Permit.
(f) Permittee shall keep all Improvements and Permitted Area in good,clean and safe condition and repair,free from litter,waste and
debris.
(g) Permittee shall indemnify, defend and hold City, its officers, agents and employees harmless from and against any and all suits,
claims, liabilities, loss,damages and expenses, including reasonable attorney fees and cost of defense,arising,directly or indirectly,from
or caused by the issuance of this Permit or the conditions hereof,or the existence, construction, installation, repair or maintenance of the
Improvements in the Permitted Area, or the use of the Permitted Area or Improvements by Permittee, its officers, agents. employees,
invitees or general public.
(h) Neither this Permit nor any of the privileges granted to Permittee hereby. may he conveyed, assigned, transferred or sublet by
Permittee without the prior written consent of the City Council of City. Any attempted conveyance, assignment,transfer or subletting of
the Permit or Permitted Area without the written consent of the City Council of Pueblo shall be void and of no effect and shall cause this
Permit to be automatically revoked.
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Gilbert Ortiz Cie,-k'Recorder Puahlo Coi.irty Co
■III Plan , ��W.��h II III
(i) Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and Improvements in
amounts not less than$1,000,000.00 combined single limits per occurrence and aggregate,naming the City as an additional insured and
contain a%vi_llyslArights of subrogation against City. A certificate for such insurance and each renewalihereof shall be delivered to the
City. Failure to maintain such insurance shall cause this Permit to be automatically revoked.
(j) Trees,landscaping and shrubbery within or adjacent to the Permitted Area shall be protected from damage or injury by Permittee
and shall not be removed except after receipt by the Permittee of the written consent of the City's Director of Parks and Recreation.
(k) Any notice or other document required or permitted herein shall be in writing and delivered personally or by first class mail,
postage prepaid,as follows:
(i) If to Permittee,at the address shown in paragraph 1 above.
(ii) If to City, 1 City Hall Place,Pueblo,Colorado,81003,Attention:Revocable Permit Review Committee.
Each party reserves the right to change its address provided notice of such change is given in accordance with this paragraph(k).
(1) City reserves and is hereby granted by Permittee access to,under and through the Permitted Area for any and all purposes. City
may injure, damage or remove any and all Permittee's Improvements in the Permitted Area in exercising the right of access hereby
reserved and granted. Permittee assumes the risk of injury,loss and damage to Permittee's Improvements within the Permitted area,and
City shall have no responsibility or liability for any damage or injuries thereto,whatsoever the cause, including, but not limited to,the
acts or omissions of City,its officers,employees,or agents.
(m) This Permit shall terminate upon the occurrence of any one of the following events: (i) the Time of the Ending Date, (ii)
abandonment or non-use by Permittee for a period of three(3)consecutive months,(iii)surrender or cancellation of the Permit in writing
by Permittee, (iv) automatic revocation as provided in paragraphs (h) and (i) above; or(v) revocation or termination of this Permit by
resolution of the City Council of City. The termination of this Permit shall not relieve Permittee from Permittee's obligations under
paragraph(f)until the Authorized Improvements have been removed by Permittee in compliance with paragraph(e).
(n) Permittee acknowledges and agrees that this Permit is temporary and subject to revocation or termination by resolution of the City
Council of City, in its sole discretion,for any reason or no reason,at anytime, without liability to City,and without notice to or hearing
by Permittee. Permittee waives any and all right or claim to such notice,hearing,and liability of the City.--
Signed in Pueblo,Colorado this I CY day of �rGL ,20Q 1 .
PERMITTEE:
Organization:
By: ..-��Z Title:
STATE OF COLORADO )
COUNTY OF PUEBLO )ss.. /�
The foregoing instrument was acknowledged before me the I9r day of/Tel,<in_ , 2CQ I by
k(l 0 as I n a i Yi halt,
My commission expires: lb{Z 17Lt
[SEAL] L1261". Ag-Alis4
Nadine D Shelton Notary Public
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID#20204037246
MY COMMISSION EXPIRES 10/22/2024 ,
APPROVED this �� day ofli 0221,--• ,2 .
PUEBLO,a Municipal Corporation
By -+��`�1
‘e.
Nicho as A.Gradisar, ayor
CA-6/7/17